3.2 Sustainable development
3.2.1 International multilateral agreements
Conservation of biodiversity is governed by various multilateral international agreements that are binding to countries which ratified or acceded to the agreements. Within such countries, laws and policies are formulated with respect to binding multilateral international agreements. This section highlights the overarching legislative frameworks critical to biodiversity conservation globally and in South Africa.
South Africa, like many other global countries has ratified many international multilateral agreements with respect to conservation of biodiversity and combating factors which affect ecosystem health.
These agreements include the CBD (ratified in 1995), the Kyoto Protocol (acceded in 2002) of the United Nations Framework Convention on Climate Change (UNFCC) (ratified in 1997), among others (as highlighted in Table 3.1). The provisions of the multilateral agreements relevant to this study are discussed in the proceeding sub-sections.
Table 3.1: International multilateral agreements ratified/acceded by South Africa (Source: DEAT, 2006: 62; Kuntonen-van‘t Riet, 2007: 9-14)
International Multilateral Agreement Ratified Provisions Convention on international trade in
endangered species of wild fauna and Flora
1975 Provides for the protection of wildlife against international trade to prevent over
exploitation and extinction The Ramsar Convention on Wetlands of
International Importance, especially as Waterfowl Habitat
1975 Provides a framework for conservation and sustainable use of wetlands
Bonn Convention on conservation of migratory species of wild animals
1991 Provides for conservation of migratory species
Basel Convention
1994 Provides a framework for protecting human beings and the environment against adverse effects of production, transporting, and dumping hazardous wastes
United Nations Convention to Combat Desertification
1997 Provides that member countries prepare and implement measures to combat land
degradation World Heritage Convention concerning
the protection of the world cultural and natural heritage
1997 Provides a framework for protecting the world’s natural and cultural heritage
UNFCC 1997 Provides a framework for collaborated
international efforts to manage climate change
Kyoto Protocol of the UNFCC
2002 Provides emission targets for the reduction of greenhouse gas emission
Johannesburg Plan of Implementation
2002 Provides a framework for protecting and managing natural resource base for economic and social development
Cartagena Protocol on Biosafety
2003 Provides for protection of species against genetically modified species
The CBD was the first internationally binding agreement on conservation of biological diversity, initiated at the Rio Earth Summit held at Rio de Janeiro in 1992. This convention provides regulations on how to manage and maintain biological diversity in each of the states that ratified the convention.
It is based on the principle:
States have the sovereign right to exploit their own resources in pursuant of their own environmental policies. In addition, they have the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction.
(United Nations, 1992, Article 3: 4).
Primarily and relevant to this study, the United Nations (1992) states that the convention acknowledges that conservation of biodiversity is for the common good of humankind and, therefore, each member state has absolute rights to and responsibility for managing its own bio-resources. In
addition, it recognises the need to conserve indigenous biodiversity as well as reclamation of species within their natural habitats and/ or to their original state (in situ conservation). However, in situations where species are critically endangered and need reclamation, species can be conserved outside their natural habitats (ex situ conservation). Further, the convention recognises the relationship existing between nature and indigenous communities whose activities are highly dependent on biodiversity.
Lastly, it recognises the need to establish cooperation in biodiversity conservation between nations, institutions, and organisations at local, regional and global scales.
Given the above, Article 6a: 5 provides that member states conserve biodiversity and uphold sustainable practices in the use of biodiversity through adoption of strategies, plans and programmes at regional, national and local scales. Such strategies, plans or programmes should be commensurate to the provisions and recommendations of the CBD. In addition, sustainable practices, which warrant conservation of biodiversity, should be incorporated into all sectors of the economy (Article 6b: 5). To this end, the state has the responsibility to recognise activities which threaten biodiversity or its use thereof through monitoring and creating databases for data emanating from the monitoring process (Article 7b-c: 5).
With regards to in situ conservation (relevant to this study), the CBD recommends managing bio- resources essential for conservation and sustainable use of biodiversity within their natural habitats (Article 8c: 6). In addition, Article 8d: 6 of the CBD endorses conservation of natural ecosystems through retention of sustainable number of species. This should be done by salvaging degraded ecosystems and endangered species, and, eliminating and preventing invasion of alien species using appropriate management strategies (Article 8f, h: 6). Such management strategies should allow for natural resource uses that do not interfere with conservation of biological diversity including sustainable development of land adjoining the ecosystems (Article 8j: 6).
Article 10a-b: 7 of the CBD, requires governments to integrate conservation of biodiversity, including sustainable use, in all sectorial decision-making in order to avert adverse impact on biodiversity. In addition, governments are urged to promote efforts from the private sector to develop appropriate strategies for sustainable management of biodiversity (Article 10e: 8). Article 12c: 8 highlights research as another important component of the CBD and, according to the provisions of the CBD, governments should support research, which adds to knowledge pertaining to conservation and sustainable use of biodiversity. Lastly, Article 13a: 8 compels governments to educate its citizens about conservation and sustainable use of biodiversity through media campaigns and integration into educational programmes. This can be done through partnerships with other member states or international organisations to develop awareness campaigns and educational programmes (Article 13b: 9).
Besides the CBD, there are many other international agreements that South Africa has ratified or acceded to that are relevant to environmental conservation as highlighted in Table 3.1. The provisions of the agreements outlined in Table 3.1 inform South African policy on environmental conservation (Kuntonen-van‘t Riet, 2007). Thus, the agreements’ objectives are implemented at a local scale through legislations, with established institutions responsible for implementation of each aspect of the multilateral agreements. The following section highlights some of South Africa’s legislation on biodiversity conservation.